Handheld armed robbery is a serious crime that encompasses more than holding a gun to commit a robbery. The range of crimes that can be considered under the umbrella of “handheld” armed robbery include: using a fake gun(which the victim believed was real) to rob someone, using violence to rob someone, using a taser or stun gun, or using any sort of object that can be considered a weapon to commit the robbery.
Civilian Robbery
The typical civilian robbery often involves the crime of Mugging, whereby someone may take a person’s purse or wallet without their knowledge. Although this crime is usually charged as a larceny, a mugging gone wrong can change from a larceny (pick-pocketing with no violence) to a robbery (taking the wallet after a struggle) if the victim becomes aware and tries to fight back.
Store Robbery
Store robberies are the common place where handheld armed robbery occurs, as suspects enter convenience stores using weapons to perpetrate the crime. However, some robbers do not use real guns while committing the crime due to enhancement penalties for their usage. In California, displaying a gun during the robbery adds 10 years to the prison sentence, 20 years if a gun is fired and 25 years to life if someone is shot. The typical robbery sentence scheme in California is 2, 3, or 5 years. Utilizing a fake weapon removes the possibility of gun enhancement.
Bank Robbery
Bank robbery is considered a federal offense, and as such is handled in federal court. The statutes on bank robbery state entering a bank to commit a robbery results in a prison term of not longer than 25 years. Weapon enhancements can increase the sentence to a minimum of 25 years. The taking of a hostage or forcing someone to come along during the crime results in a minimum 10 year sentence. If the robbery results in a death it creates a minimum life sentence or death penalty.
How a Robbery Attorney Can Help
Handheld robberies carry severe penalties that have long prison enhancements based on the usage of a weapon. Prosecutors will seek full enhancements based on several factors; possessing a weapon, showing the weapon, using the weapon and inflicting bodily harm in using the weapon. If you are charged with robbery, you need to speak with an a lawyer immediately to assess the potential weapon enhancements, as well as any possible defenses, such as using a fake weapon, never showing the weapon, or being threatened with death to force you to commit the robbery. Speaking to a lawyer immediately will ensure protection of any defense you may be entitled to, as well as being able to understand your rights and obligations during the arraignment phase of court.
